- Florida Election Law Legal Updates:
On April 27, 2023, the 11th Circuit ruled in favor of the state of Florida, RNC, and NRSC, in the challenge to SB90, Florida's 2021 election integrity legislation. The law was upheld in its entirety, except for one minor component of the line warming ban. The court also remanded back to the trial court the question of whether the drop-box and registration delivery provisions violate the First and Fourteenth Amendments. The district court had previously permanently enjoined multiple provisions of SB90 including the required registration disclaimers for third party voter registration organizations (§ 97.0575(3)(a)), registration delivery provisions for third party voter registration organizations (id.), drop box regulations (§§ 101.69(2)-(3)), and line warming provisions (§§ 102.031(4)(a)-(b)). On May 18, 2023, the plaintiffs filed a petition for rehearing in front of the full 11th Circuit.
On March 16, the Elias Law Group filed a lawsuit in federal court alleging that Florida’s wet signature requirement for voter registration applications violates the materiality clause of the Civil Rights Act. On April 5, 2023, the RNC and Republican Party of Pasco moved to intervene in the litigation. On May 26, 2023, the RNC's and Pasco GOP’s intervention was granted. On May 30, 2023, the State filed a motion to dismiss plaintiff’s complaint.
On April 26, 2023, the LWV and FL NAACP sued Florida's Secretary of State alleging that the state's voter registration application violates the NVRA, specifically by not specifying the eligibility requirements for voter registration.
Florida has been hit with three separate suits this week following Gov. DeSantis signing SB 7050 into law:
>> Update: Hispanic Federation v. Byrd and Florida NAACP v. Byrd have been consolidated.
>> On May 25, 2023, the Hispanic Federation, Poder Latinx, and Florida residents sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050 over its restrictions on third party registration organizations.
>> On May 24, 2023, the League of Women Voters of Florida and League of Women Voters of Florida Education Fund sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050 alleging the restrictions on third-party voter registration groups violates the First and Fourteenth Amendments of the U.S. Constitution. The law prohibits noncitizens and people with felony convictions from handling voter registration application, requires receipts to voters registering, and reduces the number of days for the third-parties to return the applications.
>> On May 24, 2023, the Florida State Conference of Branches and Youth Units of the NAACP, Equal Ground Education Fund, Voters of Tomorrow, Disability Rights Florida, Alianza for Progress, Alianza Center, UnidosUS and Florida Alliance for Retired Americans sued Florida Attorney General Ashley Moody and Secretary of State Cord Byrd over Senate Bill 7050. The plaintiffs challenge the imposition of fines, barring noncitizens and felons from registering voters, and retention of voter information for other activities.